Cynthia Beckwith Smith Office of United States Attorney
Northern District of Georgia
75 Spring Street, S.W.
600 United States Courthouse
Atlanta, GA 30303
404-581-6350
Email: cynthia.smith2@usdoj.gov
LEAD ATTORNEYATTORNEY TO BE NOTICED

John Russell Phillips Office of United States Attorney
Northern District of Georgia
75 Spring Street, S.W.
600 United States Courthouse
Atlanta, GA 30303
404-581-6239
Email: russell.phillips@usdoj.gov
LEAD ATTORNEYATTORNEY TO BE NOTICED

REMARK
as to Jared Robert Wheat, Stephen D. Smith, Tomasz Holda, Sergio
Oliveira, David Brady, David Johnson, David Watkins, Brad Watkins,
Steven Blinder, and Hi-Tech Pharmaceuticals, Inc. re the 134
Pretrial Scheduling Order; The pretrial conference, which was
previously scheduled for 11/13/06 has been CANCELLED. An order shall be
issued regarding the new pretrial conference date. (slc) (Entered:
11/09/2006)

ORDER
as to Jared Robert Wheat, Stephen D. Smith, Tomasz Holda, Sergio
Oliveira, David Brady, and Hi-Tech Pharmaceuticals, Inc.: The court
grants the defendants' oral request to extend the pretrial motions
deadline for one week. Pretrial motions for all parties shall be filed
on or before December 22, 2006. Time excluded from 12/15/06 until
12/22/06. Signed by Judge Linda T. Walker on 12/5/06.(ryc) Modified on
12/7/06 to correct docket text (ryc). (Entered: 12/06/2006)

MOTION to Dismiss Indictment OR IN THE ALTERNATIVE TO SUPPRESS EVIDENCE SEIZED IN BELIZE DUE TO GOVERNMENTAL MISCONDUCT with Brief In Support by Hi-Tech Pharmaceuticals, Inc.. (Moore, Leslie) (Entered: 01/16/2007)

01/16/2007

290

MOTION for Disclosure of EXCULPATORY EVIDENCE with Brief In Support by
Hi-Tech Pharmaceuticals, Inc.. (Moore, Leslie) (Entered: 01/16/2007)

01/16/2007

291

MOTION to Strike SURPLUSAGE FROM INDICTMENT with Brief In Support by Hi-Tech Pharmaceuticals, Inc.. (Moore, Leslie) (Entered: 01/16/2007)

NOTICE of intent to respond to the 307 Motion for extension of the motion response filing deadline by the Government
as to Jared Robert Wheat, Stephen D. Smith, Hi-Tech Pharmaceuticals,
Inc. filed by Hi-Tech Pharmaceuticals, Inc. (Moore, Leslie) Modified on
2/1/2007 to remove capitalization and link to motion (scg). (Entered:
01/31/2007)

ORDER granting 307
govt's Motion for Extension of Time to File briefs as to dfts' 75
pre-trial motions. Govt. directed to file any responses that are
complete by 2/5/07; remaining responses to be filed by 2/26/07. Signed
by Judge Linda T. Walker on 2/2/07. (rsh) (Entered: 02/05/2007)

02/05/2007

311

RESPONSE
in Opposition as to Jared Robert Wheat, Stephen D. Smith, Tomasz Holda,
Sergio Oliveira, David Brady, David Johnson, David Watkins, Brad
Watkins, Steven Blinder, Michele Young, Guillermo Pech, Hi-Tech
Pharmaceuticals, Inc. filed by USA re 188 MOTION for Disclosure of
Particularized Discovery and Memorandum of Law in Support Thereof, 227 MOTION to Adopt Co-Defendant's Stephen Smith's Motion for Particularized Discovery and Memorandum of Law In Support Thereof, 235 MOTION to Adopt Certain Motions of its Co-Defendant, Sergio Oliveira, 287
MOTION FOR PARTICULARIZED DISCOVERY, 261 MOTION for Disclosure of
Particularized Discovery, 217 First MOTION for Discovery of
Particularized items, 191 First MOTION for Discovery of Particularized
information, 204 MOTION to Adopt Co-Defendant Tomasz Holda's Motion For Particularized Discovery and Memorandum of Law In Support Thereof, 272 MOTION for Disclosure of Particularized Discovery, 215 MOTION for Discovery Motion for Particularized Discovery and Memorandum of Law In Support Thereof (Attachments: # 1 Exhibit 1# 2 Exhibit 2)(Danzig, Aaron) (Entered: 02/05/2007)

RESPONSE
in Opposition as to Jared Robert Wheat, Stephen D. Smith, Tomasz Holda,
Sergio Oliveira, David Brady, David Johnson, David Watkins, Brad
Watkins, Steven Blinder, Michele Young, Guillermo Pech, Hi-Tech
Pharmaceuticals, Inc. filed by USA re 187 MOTION for Exculpatory and
Impeaching Information and Memorandum of Law in Support Thereof, 256 MOTION for Disclosure of Exculpatory Evidence and Memorandum of Law In Support Thereof, 290
MOTION for Disclosure of EXCULPATORY EVIDENCE, 195 MOTION for
Production of Brady Materials, 274 MOTION for Disclosure of Exculpatory
Evidence, 214 MOTION for Production of Brady Materials, 209 MOTION for
Disclosure of Exculpatory Evidence and Memorandum of Law in Support Thereof (Danzig, Aaron) (Entered: 02/05/2007)

02/05/2007

321

RESPONSE
in Opposition as to Jared Robert Wheat, Stephen D. Smith, Tomasz Holda,
Sergio Oliveira, David Brady, David Johnson, David Watkins, Brad
Watkins, Steven Blinder, Michele Young, Guillermo Pech, Hi-Tech
Pharmaceuticals, Inc. filed by USA re 226 MOTION for Disclosure of Confidential Informants and to Compel Early Disclosure of 404(b) Evidence, 282 MOTION To Compel Disclosure of Informants and Rule 404(b) Evidence and Memorandum of Law in Support Thereof,
258 MOTION to Compel Disclosure of Informant Identities and Rule 404(b)
Evidence, 279 MOTION to Compel Disclosure of Informant Identities and
Rule 404(b) Evidence, 212 MOTION for (404b) Information of defendant or
any co-defendant, 271 MOTION to Compel Disclosure of Informant
Identities and Rule 404(b) Evidence and Memorandum of Law in Support, 293 MOTION to Compel Disclosure of Informant Identitites and Rule 404(b) Evidence (Danzig, Aaron) (Entered: 02/05/2007)

RESPONSE
in Opposition as to Jared Robert Wheat, Stephen D. Smith, Tomasz Holda,
Sergio Oliveira, David Watkins, Brad Watkins, Steven Blinder, Hi-Tech
Pharmaceuticals, Inc. filed by USA re 270 MOTION to Dismiss Indictment or in the Alternative to Suppress Evidence Seized in Belize Due to Government Misconduct and Memorandum of Law in Support, 257 MOTION to Dismiss Indictment or in the Alternative to Suppress Evidence, 218 MOTION to Dismiss Indictment or
in the Alternative to Suppress Evidence Seized in Belize Due to
Government Misconduct and Memorandum of Law in Support Thereof, 225 MOTION to Dismiss Counts Jared Robert Wheat (1) Count 2,3,34-41 (Chartash, Randy) (Entered: 02/23/2007)

02/23/2007

359

Sealed Document. (fap) (Entered: 02/26/2007)

02/26/2007

363

RESPONSE in Opposition as to Jared Robert Wheat, Hi-Tech Pharmaceuticals, Inc. filed by Hi-Tech Pharmaceuticals, Inc. re 325
MOTION Plaintiff's Application for an Order Regarding Criminal
Forfeiture of Property in Government Custody (Moore, Leslie) (Entered:
02/26/2007)

REPLY TO RESPONSE to Motion as to Jared Robert Wheat, Hi-Tech Pharmaceuticals, Inc. filed by Hi-Tech Pharmaceuticals, Inc. re: 289 MOTION to Dismiss Indictment OR IN THE ALTERNATIVE TO SUPPRESS EVIDENCE SEIZED IN BELIZE DUE TO GOVERNMENTAL MISCONDUCT, 255 MOTION To
Dismiss Indictment or In the Alternative To Suppress Evidence Seized In
Belize Due to Governmental Misconduct and Memorandum of Law In Support
Thereof, 230 MOTION to Adopt Co-Defendant Sergio Oliveira's
Motion to Dismiss Indictment or in the Alternative to Suppress Evidence
Seized in Belize Due to Governmental Misconduct and Memorandum of Law in
Support Thereof (Leach, Arthur) (Entered: 03/12/2007)

ORDER denying 233 dfts' Motion for release of assets not properly seized; granting 325
govt Motion for order regarding criminal forfeiture of property in govt
custody as to Jared Robert Wheat (1), Hi-Tech Pharmaceuticals, Inc.
(12). Court orders U.S. and its agencies to maintain & preserve the
seized assets until conclusion of instant criminal case, or until
further Order of the Court. Signed by Judge Linda T. Walker on 4/3/07.
(rsh) (Entered: 04/03/2007)

REPLY TO RESPONSE to Motion as to Jared Robert Wheat, Hi-Tech Pharmaceuticals, Inc. re: 394
First MOTION to Compel production of discovery materials and for in
camera review of certain reports of investigation (Marcovitch, Robert)
(Entered: 05/07/2007)

05/16/2007

418

Application
for Leave of Absence for the following date(s): June 25, 2007 through
June 29, 2007, by Randy Scott Chartash. (Chartash, Randy) (Entered:
05/16/2007)

05/22/2007

426

Minute
Entry for proceedings held before Judge Linda T. Walker: Pretrial
Conference as to Hi-Tech Pharmaceuticals, Inc. Granting 226
Motion for Disclosure of Confidential Informants as to Hi-Tech
Pharmaceuticals, Inc. (12); granting in part and denying in part 234 Motion for Bill of Particulars as to Hi-Tech Pharmaceuticals, Inc. (12); denying 287 Motion for miscellaneous relief as to Hi-Tech Pharmaceuticals, Inc. (12); granting in part and denying in part 394 Motion to Compel as to Hi-Tech Pharmaceuticals, Inc. (12). (Court Reporter Nicholas Marrone.) (rsh) (Entered: 05/24/2007)

CONSENT
ORDER granting consent motion for extention of time until 7/13/07
within which govt must serve its expert witness disclosures. See Order
for additional ordered deadlines. Signed nunc pro tunc by Judge Linda T.
Walker on 7/31/07. (rsh) (Entered: 07/31/2007)

CONSENT
ORDER as to Jared Robert Wheat, Stephen D. Smith, Tomasz Holda, Sergio
Oliveira, Hi-Tech Pharmaceuticals, Inc: By agreement of the parties, the
Court sets the following deadlines: Defendants' Objections to the
Sufficiency of the Disclosures under Fed. R. Crim. P. 16(a)(1))G) shall
be filed no later than September 21, 2007. Government's Response to
Objections shall be filed no later than October 5, 2007. Defendants'
Replies re: Objections shall be filed no later than October 15, 2007.
Defendants' Daubert Motions shall be filed no later than October 29,
2007. Government's Responses to any Daubert Motions shall be filed no
later than November 26, 2007. Defendants' Reply Briefs to the
Government's Responses to their Daubert Motions shall be filed no later
than December 10, 2007. Signed by Judge Linda T. Walker on 8/21/07.
(ryc) (Entered: 08/23/2007)

09/21/2007

486

MOTION to Join Defendant Sergio Oliveira's Motion for Modification of
the Conditions of Release and Motion by Co-Defendants to be Heard at the
Hearing on said motion by Hi-Tech Pharmaceuticals, Inc. as to Jared
Robert Wheat, Stephen D. Smith, Tomasz Holda, Hi-Tech Pharmaceuticals,
Inc.. (Attachments: # 1 Exhibit A-Motion# 2 Exhibit B-Reply) (Moore, Leslie) (Entered: 09/21/2007)

MOTION for Extension of Time to File Response/Reply to the Defendants' Objections to the Magistrate's Report and Recommendations
by USA as to Jared Robert Wheat, Stephen D. Smith, Tomasz Holda, Sergio
Oliveira, Hi-Tech Pharmaceuticals, Inc.. (Attachments: # 1 Text of Proposed Order) (Chartash, Randy) (Entered: 12/14/2007)

12/20/2007

528

Minute
Entry for proceedings held before Magistrate Judge Linda T. Walker,
Status Conference as to Jared Robert Wheat, Stephen D. Smith, Tomasz
Holda, Sergio Oliveira, Hi-Tech Pharmaceuticals, Inc.: deferring ruling
to District Judge on 505 Motion to strike conclusory and unsupported
allegations set forth in a Government pleading that are reckless and
inflammatory and have damaged Wheat's reputation and business as to
Jared Robert Wheat (1); (Tape #LTW 07-43@ 2433.) (scg) (Entered:
12/26/2007)

12/21/2007

529

Order GRANTING 394
First MOTION to Compel production of discovery materials and for in
camera review of certain reports of investigation. Signed by Magistrate
Judge Linda T. Walker on 12/21/2007 (ryc) (adg). Modified on 1/7/2008 to
attach pdf document(adg). (Entered: 12/28/2007)

01/07/2008

530

Notification of Docket Correction re 529 Order GRANTING 394
First MOTION to Compel production of discovery materials and for in
camera review of certain reports of investigation. Modified on 1/7/2008
to attach pdf document. (adg) (Entered: 01/07/2008)

TELECONFERENCE
set as to Jared Robert Wheat, Stephen D. Smith, Tomasz Holda, Sergio
Oliveira, and Hi-Tech Pharmaceuticals, Inc. February 1, at 10:00 a.m. re
Government's request to extend the deadline for providing Defendants
with expert summary materials pursuant to FRCP 16(a)(1)(G). The court
requests that only one attorney for each defendant participate in this
conference (preferably lead counsel). Please contact the Chambers of
Judge Linda T. Walker no later than 48 hours prior to the teleconference
if the participating attorney is not lead counsel for the defendant.
(slc) (Entered: 01/23/2008)

02/04/2008

Minute
Entry for proceedings held before Magistrate Judge Linda T. Walker:
Telephone Conference HELD as to Jared Robert Wheat, Stephen D. Smith,
Tomasz Holda, Sergio Oliveira, and Hi-Tech Pharmaceuticals, Inc. The
parties informed the court that they were planning to present an order
to District Court Judge Jack T. Camp requesting that the case be deemed
complex. The court DIRECTED the parties to prepare a Consent Order
providing a time-line for filing Daubert motions, and responses and
replies thereto. The parties shall present this Consent Order to
District Judge Jack T. Camp at the pretrial conference. The Government
shall produce affidavit(s) filed in support of the search warrant issued
for Hi-Tech Pharmaceuticals when/if a Superseding Indictment is filed.
The Clerk is hereby DIRECTED to exclude from computation under the
Speedy Trial Act, the period of delay from February 1, 2008 through
February 7, 2008 pursuant to 18 U.S.C. 3161(h)(8)(A). (slc) (Entered:
02/04/2008)

ORDER granting 539
Motion to Declare Case Complex as to Jared Robert Wheat (1), Stephen D.
Smith (2), Tomasz Holda (3), Sergio Oliveira (4), Hi-Tech
Pharmaceuticals, Inc. (12). As such, the standard time periods under the
Speedy Trial Act are tolled until the commencement of the trial in this
case. Pursuant to the pretrial conference held 2/7/08, trial is
specially set to begin 6/3/08, and expected to last approximately 6
weeks. Signed by Judge Jack T. Camp on 2/8/08. (rsh) (Entered:
02/08/2008)

ORDER
as to Jared Robert Wheat, Stephen D. Smith, Tomasz Holda, Sergio
Oliveira, Hi-Tech Pharmaceuticals, Inc., the parties are directed to
file any pretrial motions on or before 4/28/2008. Signed by Magistrate
Judge Linda T. Walker on 4/14/2008. (adg) (Entered: 04/15/2008)

Minute
Entry for proceedings held before Magistrate Judge Linda T. Walker:
Pretrial Conference as to Jared Robert Wheat, Stephen D. Smith, Tomasz
Holda, Sergio Oliveira, Hi-Tech Pharmaceuticals, Inc. Deferring ruling
on 199 Motion for Misc. Relief as to Jared Robert Wheat (1); denying as
moot 202 Motion to Adopt as to Jared Robert Wheat (1); denying as moot
229 Motion to Adopt as to Jared Robert Wheat (1); deferring ruling on 292 Motion to Sever Defendant as to Jared Robert Wheat (1); denying as moot 372
Motion for Reconsideration as to Jared Robert Wheat (1), Tomasz Holda
(3); denying as moot 401 Motion for Leave to File as to Jared Robert
Wheat (1); denying as moot 440 Motion for Misc. Relief as to Jared
Robert Wheat (1); denying as moot 442 Motion for Misc. Refief as to
Jared Robert Wheat (1); denying as moot 453
Motion for Extension of Time to File as to Jared Robert Wheat (1);
denying as moot 459 Motion for Continuance of as to Jared Robert Wheat
(1); denying as moot 475 Motion to Modify Conditions of Release as to Jared Robert Wheat (1); denying as moot 486 Motion for Misc. Relief as to Jared Robert Wheat (1); denying as moot 504
Motion to Compel as to Jared Robert Wheat (1); denying 505 Motion for
Misc. Relief as to Jared Robert Wheat (1); taking under advisement 550 Motion to Suppress Evidence as to Jared Robert Wheat (1); taking under advisement 560
Motion in Limine as to Jared Robert Wheat (1); deferring ruling on 583
Motion for Reconsideration as to Jared Robert Wheat (1); deferring
ruling on 586 Motion for Production as to Jared Robert Wheat (1);
granting 588 Motion to Withdraw Attorney Robert Peter Marcovitch from
case as to Jared Robert Wheat (1); taking under advisement 602
Motion for Extension of Time to File Response/Reply as to Jared Robert
Wheat (1); taking under advisement 605 Motion to Suppress as to Jared
Robert Wheat (1); taking under advisement 606 Motion to Strike as to
Jared Robert Wheat (1); taking under advisement 607 Motion for
Production as to Jared Robert Wheat (1); taking under advisement 608
Motion to Dismiss Counts as to Jared Robert Wheat (1); taking under
advisement 609 Motion to Dismiss as to Jared Robert Wheat (1); taking
under advisement 610 Motion for Disclosure as to Jared Robert Wheat (1);
taking under advisement 612
Motion to Dismiss Counts as to Jared Robert Wheat (1), Hi-Tech
Pharmaceuticals, Inc. (12); taking under advisement 613 Motion in Limine
as to Jared Robert Wheat (1); taking under advisement 614 Motion to
Dismiss Indictment of Jared Robert Wheat, Stephen D. Smith, Tomasz
Holda, Sergio Oliveira, Hi-Tech Pharmaceuticals, Inc. as to Jared Robert
Wheat (1); taking under advisement 616 Motion to Dismiss Counts as to
Jared Robert Wheat (1); taking under advisement 620 Motion for Bill of
Particulars as to Jared Robert Wheat (1); denying as moot 191 Motion for
Discovery as to Stephen D. Smith (2); denying as moot 498 Motion for
Extension of Time to File as to Stephen D. Smith (2); denying as moot 325
Motion as to Tomasz Holda (3); denying as moot 139 Motion to Adopt as
to Tomasz Holda (3); granting 553 Motion to Adopt as to Sergio Oliveira
(4); denying as moot 290 Motion for Disclosure as to Hi-Tech Pharmaceuticals, Inc. (12); taking under advisement 611 Motion to Adopt as to Hi-Tech Pharmaceuticals, Inc. (12); taking under advisement 615 Motion as to Hi-Tech Pharmaceuticals, Inc. (12). (Tape #08-25@5890.) (rsh) (Entered: 05/05/2008)

ORDER granting 622
Motion for Continuance of trial date as to Jared Robert Wheat, Stephen
D. Smith, Tomasz Holda, Sergio Oliveira, Hi-Tech Pharmaceuticals, Inc.
Proposed voir dire questions to be filed no later than 9/5/08. Pretrial
Conference set for 9/10/2008 10:00 AM before Judge Jack T. Camp. Jury
Trial set for 10/2/2008 09:30 AM in Courtroom 2106 before Judge Jack T.
Camp. No further extensions or continuances will be granted. Signed by
Judge Jack T. Camp on 5/1/08. (rsh) (Entered: 05/02/2008)

APPLICATION for Admission of William B. Moffitt Pro Hac Vice
(Application fee $150, receipt number 113E0000000001656747) as to Jared
Robert Wheat (Attachments: # 1
Text of Proposed Order order for admission) (Leach, Arthur) Modified on
5/20/2008 to accurately reflect representation of one client (Jared
Robert Wheat) (rsh). (Entered: 05/16/2008)

TELECONFERENCE
set for Monday, July 21, 2008 at 10:00 a.m. as to Jared Robert Wheat,
Stephen D. Smith, Tomasz Holda, Sergio Oliveira, and Hi-Tech
Pharmaceuticals, Inc. The court will contact lead counsel as listed on
the public docket. If a different attorney sits in for lead counsel,
please notify the court of that change prior to the teleconference. This
teleconference is in regards to the status of the case, pending
motions, and possible certification of the case for trial. (slc)
(Entered: 07/18/2008)

07/28/2008

EMERGENCY
TELECONFERENCE set for 7/28/2008 at 4:00 p.m. as to Jared Robert Wheat,
Stephen D. Smith, Tomasz Holda, Sergio Oliveira, and Hi-Tech
Pharmaceuticals, Inc. The court will notify by telephone lead counsel
for Stephen D. Smith, Tomasz Holda, and Sergio Oliveira; Counsel for the
Government and for Jared Wheat and Hi-Tech Pharmaceuticals will appear
in person as requested by the court. Please notify the court if a change
is necessary in the teleconference participants. (slc) (Entered:
07/28/2008)

07/30/2008

681

ORDER
TO CONTINUE - the Daubert hearing as to Jared Robert Wheat, Stephen D.
Smith, Tomasz Holda, Sergio Oliveira, Hi-Tech Pharmaceuticals, Inc. Time
excluded from 7/28/08 until 8/11/08. Hearing re-set for 8/18-20/2008 at
9:30 AM before Magistrate Judge Linda T. Walker. Parties to file
motions in limine by 8/18/08. Time excluded from 7/28/08 until 8/11/08.
Status Conference set for 8/11/2008 at 11:30 AM before Magistrate Judge
Linda T. Walker. Signed by Magistrate Judge Linda T. Walker on 7/30/08.
(scg) (Entered: 07/30/2008)

Minute
Entry for proceedings held before Judge Jack T. Camp: Sentencing as to
Jared Robert Wheat (1), Stephen D. Smith (2), Tomasz Holda (3), Sergio
Oliveira (4), Hi-Tech Pharmaceuticals, Inc (12). Court refused to accept
binding plea agreements as to Jared Robert Wheat and Sergio Oliverira,
directing said Defendants to advise the court by close of business
1/23/09 if they intend to continue w/Plea, or desire to be set for
trial. Pleas accepted as to Smith, Holda and Hi-Tech and Judgments to
follow. (Court Reporter Lori Burgess) (scg) (Entered: 01/21/2009)

01/20/2009

747

CONSENT
ORDER OF FORFEITURE as to Hi-Tech Pharmaceuticals, Inc. Dft shall
forfeit to Govt following property: $3,000,000.00 in US Currency; all
machinery, equipment, supplies and non-herbal pharmaceutical ingredients
formerly connected w/operation of Target Data Processing, Ltd in
Belize. Signed by Judge Jack T. Camp on 1/20/09. (rsh) (Entered:
02/04/2009)